How Heirs and Property Owners Can Prevent Loss of Their Property
After the Civil War, Black farmers had the most farmland they would ever own in the United States — almost 20 million acres. But decade after decade, a host of race-related atrocities (often perpetuated with the help of the government), virtually stripped this land from the hands of Black farmers. With very few exceptions, most of these involuntary land losses were generated from policies and procedures that involved dispossession loopholes. So the long question now is: what can property owners do to prevent further erosion of this now scarce commodity? The short answer is: Not much and Everything. The universe is rarely affected by the behavior of one person but our collective energies are powerful. My research has turned up seven things that I think could be instrumental in holding on to a family’s property.
Make a Will or prepare a Transfer on Death deed. This will save your descendants the heartache of what you may be going through right now. Without a deed, someone you don’t know —and may not even like— could decide who gets your property, who rears your minor children and how your debts are settled.
After your Will (or Transfer on death deed), your next priority is to make sure that all property taxes are coordinated by a reliable person, with another reliable person periodically checking with the tax assessor to make sure that all taxes are up to date and that proper names and addresses are on file. Millions of acres of Black land have been lost because of negligence in this, the responsibility department.
A good thing to have in an heirship is a family tree. This helps to connect the dots and shows who the past, present, and future heirs are. This is also a paper trail that establishes your ownership in the property in the absence of a will. There are other legal benefits to this highly recommended paper trail, and you need to discuss them with a lawyer.
Keep in touch with the co-heirs. If possible, stay in contact with or know the whereabouts of all heirs so that if someone wants to sell, an effort from the blood heirs can be made to buy the land, thereby keeping the property among heirs with similar concerts about the legacy of the inheritance. The dreaded partition sales are known to sneak in when outside interest sneaks into what should be family business.
Seek advice from older family members who have advice and experiences you trust, and where necessary, attorneys and other legal sources.Track your expenses by keeping records of all the money you spend making improvements or assisting the property in any way. When the property is sold, you may legally be able to recoup your expenses.
Talk to your descendants about the beauty and worth of your legacy. Many things that you do as a coheir will provide “teachable moments” for your children and grandchildren. Let them see and know about your involvement in this family dynamics. This will help them understand the sacredness of inherited responsibilities.
Finally, be the star in your own show. Consider the endless possibilities that can spring forth from your sacred, bloodlined, culturally and ethically connected group (such as a land trust or a family LLC). Embrace the idea that “Mighty oaks from small acorns grow.” Even if these possibilities seem remote, explore them anyway and see where they lead. You may be surprised.